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In a dispute over West Side development, the First Department handed a victory to developers seeking to build a 39-story building on the block between West 65th and West 66th Street, and Columbus Avenue and Central Park West. (City Club of New York v. New York City Board of Standards and Appeals, 202 WL 3083700). Together with the First Department’s previous decision in favor of the developer in the 200 Amsterdam Avenue case (see, Paul D. Selver and James P. Power, “Appellate Division Overturns Supreme Court Order to Partially Demolish 55-Story Building” (New York Real Estate Law Reporter, May 2021), the City Club case highlights the extreme deference appellate courts accord BSA determinations interpreting New York City’s extraordinarily complex zoning scheme.
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Supreme Court Again Addresses Municipal Sign Regulations
By Steven M. Silverberg
In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. In April 2022, the Court took another look at the issue of strict scrutiny relating to “off-premises” signs in City of Austin, Texas v. Reagan National Advertising.
By NYRE Staff
Deed from Intestate Distribtees Effective Without Involvement of Estate Administrator
Notice of Pendency Is Not an Election of Remedies That Bars Issuance of Preliminary Injunction
Junior Mortgagee Obtained Good Title Despite Defects In Judgment of Foreclosure
Limitation on Easement Width Upheld
Forged Power of Attorney Voids Documents on Which Mortgagee Relied
By NYRE Staff
Habitability and Harassment Claims Survive Motion to Dismiss
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses
Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment
Renovations Qualified Apartment for High-Rent Vacancy Decontrol
COVID-19 Does Not Excuse Failure to Pay Rent
By NYRE Staff
Unit Owner Not In Possession Cannot Prevail on Wrongful Ejectment Claim
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